商標登録insideNews: Miley Cyrus can use name as trademark in Europe | ABS-CBN News

BRUSSELS – US pop star Miley Cyrus has won the right to use her name as a trademark on a wide range of products in the European Union, after Europe’s top court on Wednesday annulled a decision by the EU patent office to limit the scope of her brand.The case dates to 2014 when the 28-year-old “Wrecking Ball” singer’s company Smiley Miley Inc. sought to trade mark MILEY CYRUS with the EU Intellectual Property Office (EUIPO) for audio and video discs, mobile phone cases, e-books, electronic board games, calendars and other goods

情報源: Miley Cyrus can use name as trademark in Europe | ABS-CBN News

Miley Cyrus – Midnight Sky (Official Video), 3:42

EUTM Application
Name: MILEY CYRUS
Filing number: 012807111
Basis: EUTM
Date of receipt: 21/04/2014
Type: Word
Nature: Individual
Nice classes: 9, 16, 25, 28, 41

Case of CJEU　(Court of Justice of the European Union)
Case T‑368/20 (CURIA)
Smiley Miley, Inc. v. European Union Intellectual Property Office (EUIPO)

JUDGMENT OF THE GENERAL COURT (Tenth Chamber)、16 June 2021
“That is the case here. The mark applied for, MILEY CYRUS, has a clear and specific semantic content for the relevant public given that it refers to a public figure of international reputation, known by most well-informed, reasonably observant and circumspect persons, as has been pointed out in paragraph 51 above, whereas the earlier mark has no particular semantic meaning. Furthermore, the reputation of the singer and actress Miley Cyrus is such that it is not plausible to consider that, in the absence of specific evidence to the contrary, the average consumer, confronted with the mark MILEY CYRUS designating the goods and services in question, will disregard the meaning of that sign as referring to the name of the famous singer and actress and perceive it principally as a mark, among other marks, of such goods and services (see, to that effect, judgment of 17 September 2020, EUIPO v Messi Cuccittini, C‑449/18 P and C‑474/18 P, not published, EU:C:2020:722, paragraph 36).”

Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 April 2020 (Case R 2520/2018‑4)

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